HomeMy WebLinkAboutResolutions - 2005.05.26 - 27940May 26, 2005
MISCELLANEOUS RESOLUTION #05 103
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER — ALLIANCE OF ROUGE COMMUNITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS prior to onset of U.S. Environmental Protection Agency's Phase II Storm Water
Regulations ("Phase II") under the Federal Clean Water Act, communities within the Rouge River
watershed came together on an informal basis to discuss and address water quality concerns of the
Rouge River; and
WHEREAS Wayne County through the Rouge River National Wet Weather Demonstration
Project provided federal grants to address combined sewer overflows, sanitary sewer overflows and
storm water management; and
WHEREAS Oakland County and communities located within the Rouge Watershed have
benefited significantly from this federally funded grant program; and
WHEREAS prior to the onset of the Phase II regulations, a committee comprised of
representatives of Rouge Watershed communities was formed to research and evaluate alternative
watershed organization structures whose purpose would be to provide a forum for recommending actions
to assist communities in meeting their Phase II permit requirements ("Drafting Committee"); and
WHEREAS as a result of the research and survey of Rouge River Watershed communities, the
Drafting Committee suggested the creation of an assembly comprised of local community representatives
within the Rouge River Watershed; and
WHEREAS the Drafting Committee drafted a Memorandum of Agreement establishing the Rouge
River Watershed Local Management Assembly ("Memorandum of Agreement" or MOA); and
WHEREAS in accordance with Miscellaneous Resolution #03163, the Board of Commissioners
directed the Chairperson of the Oakland County Board of Commissioners to execute the MOA which
created and established the Rouge River Watershed Local Management Assembly; and
WHEREAS thirty eight cities, villages and townships and three counties signed the MOA
establishing the Rouge River Watershed Local Management Assembly; and
WHEREAS after successfully operating since August 2003 under the MOA, several of the Rouge
River watershed communities supported the adoption of legislation that would authorize local
governments to form "Watershed Alliances"; and,
WHEREAS Public Act 517 of the Public Laws of 2004 (Watershed Alliance Act) became state law
on January 3, 2005 with immediate effect; and
WHEREAS pursuant to the Watershed Alliance Act, the Rouge River Watershed Local
Management Assembly proposes to become the new Alliance of Rouge Communities (ARC); and
WHEREAS the first step in the process of transition ing from the Rouge River Watershed Local
Management Assembly to the ARC is the drafting and adopting of by-laws for the ARC; and,
WHEREAS the Oakland County Drain Commissioner recommends Oakland County's
participation in the ARC, provided that in the event the ARC determines in its budgeting process to
assess counties, and the counties decline to appropriate funds for such an assessment, the County shall
become a non-voting Cooperative Partner of the ARC.
Planning & Building Committee Vote:
Motion carried on a roll call vote
Palmer, Douglas, Middleton and Molnar — yes
Nash, Gershenson and Woodward — no
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby informs the Rouge River Watershed Local Management Assembly that the County's continued
participation and transitioning from an Assembly to the new Alliance of Rouge Communities pursuant to
the Watershed Alliance Act, is contingent on changes in the proposed by-laws that clearly reflect the
following:
"Article III A (2) (a):
Based upon the in-kind contributions currently provided by Wayne, Washtenaw, and
Oakland counties, the three counties will not be assessed to support the budget of the
ARC for fiscal years 2006 and 2007. By August 15, 2007, the ARC will determine
whether or not assessments will be made to the counties taking into consideration the
level of contribution of in-kind services for ARC related activities each county will provide
during 2008 ARC fiscal year. Assessments to counties, if any, for each ARC fiscal year
after 2008 will be determined by August 15 of year preceding the fiscal year for which any
such county assessment is included in the ARC annual budget using the same criteria. In
the event the ARC determines to assess the Counties for contributions to its budget, and
the funding is not appropriated by the County Board of Commissioners, the County shall
become a Cooperating Partner as provided in Article II D. 3."
BE IT FURTHER RESOLVED that Oakland County's participation in the ARC is subject to this
Board's final approval of the By-laws.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE
DRAFT April 20, 2005
ROUGE RIVER ASSEMBLY OF LOCAL GOVERNMENTS (ASSEMBLY)
TRANSITION TO THE ALLIANCE OF ROUGE COMMUNITIES (ARC)
PREAMBLE
The Rouge River watershed, located in southeast Michigan, runs through the most
densely populated and urbanized land area in the state. The watershed is
approximately 438 square miles in size and includes all or part of 48 municipalities in
three counties, with a population of over 1.4 million. The industrial growth of the lower
Rouge River in the first half of the twentieth century and the rapid residential and
commercial growth in the last half of the century in the upper portions of the watershed
created serious pollution problems. Despite pollution control efforts as early as the
1940s, when the Detroit wastewater treatment facility was built to serve southeast
Michigan including many of the Rouge River watershed communities, pollution
problems have increased in the river. It has only been in the last decade that significant
restoration of water quality has begun to be documented as a result of over one billion
dollars of investments by area residents for pollution control.
In 1985, at the urging of local citizens and organizations the State of Michigan adopted
the Rouge River Basin Strategy. In 1987, the International Joint Commission
designated the Rouge River as one of the 43 most polluted areas in the Great Lakes.
In 1989, the original Rouge River Remedial Action Plan (RAP) was completed and
endorsed by a majority of the watershed communities. This original RAP called for an
ambitious twenty-year plan to address pollution problems. The progress in achieving
restoration has been documented in Rouge River RAP 2004 Revision (Available at
http://www.rougeriver.com/geninfo/remaction.html)In the early 1990s, the United States
District Court, at the urging of local communities, facilitated a phased process for
correcting combined sewer overflows (CS0s) affecting the river. In 1992, with the
bipartisan assistance of the Michigan congressional delegation representing the
watershed, Wayne County received the first U.S. Environmental Protection Agency
grant for the Rouge River National Wet Weather Demonstration Project (Rouge
Project).
The U.S. District Court, as part of its oversight responsibilities for pollution control on the
Detroit River stemming from a court case filed in the 1970's and its role in facilitating the
CSO resolution (i.e., the "Bulkley Settlement"), has maintained a continuing interest in
the results of the Rouge Project. In the mid-1990s, the U.S. District Court strongly
urged the 48 local public agencies within the Rouge River watershed to adopt a more
comprehensive approach to control pollution from sources other than CSOs. The U.S.
District Court proposed a watershed-wide authority under the Michigan Drain Code to
manage water issues within the Rouge River watershed. At the same time, the U.S.
EPA was required by a Federal Court consent judgment to adopt regulations to control
storm water discharges under the Federal Clean Water Act.
DRAFT April 20, 2005
As an alternative to the Drain Code authority proposed by the U.S. District Court, and to
comply with the pending U.S. EPA storm water regulations, a group of local agencies
and communities within the Rouge River watershed proposed a watershed-based
approach to the control of pollution sources related to storm water discharges. In 1997,
the MDEQ adopted this unique watershed approach developed by local agencies under
the Rouge Project. Subsequently, 44 public agencies with storm water responsibilities
within the Rouge River watershed entered into this voluntary general storm water permit
which was later endorsed by the United States Environmental Protection Agency (U.S.
EPA) as meeting Phase ll federal storm water discharge regulation requirements that
became mandatory for urbanized communities in 2003.
The watershed-based storm water permit approach, developed with assistance from the
Rouge Project, has become a national model. There are now seven cooperatively
developed subwatershed water management plans in place for the Rouge River. Each
local agency has prepared and submitted a Storm Water Pollution Prevention Initiative
Plan (SWPPI) to the MDEQ that identifies their commitments to implement their part of
each of the plans. However, the federal funds from the Rouge Project that initially
provided the basic monetary support for this joint effort were being substantially reduced
and alternative means to continue this cooperative effort was needed as the federal
funding was being phased down.
As an interim arrangement in 2003, 38 cities, townships and villages and 3 counties
within the Rouge River watershed formed a partnership to address their storm water
permit requirements. After successfully operating since August of 2003 under a
Memorandum of Agreement establishing the Rouge River Watershed Assembly of
Local Governments (hereinafter, Assembly), the Rouge River watershed communities
supported the passage of state legislation that would authorize local governments to
form watershed alliances. That legislation, Public Act 517 of the Public Laws of
2004,(herein after Watershed Alliance legislation), was signed by the governor on
January 3, 2005 with immediate effect. The following outlines the process for
transitioning from the informal Assembly to the adoption of the required bylaws to form
the new Alliance of Rouge Communities (hereinafter ARC) under this new state law.
Transition from Assembly to ARC
Thirty-eight cities, villages and townships and three counties signed an August 15,
2003, Memorandum of Agreement (Herein after, MOA) establishing the Rouge River
Watershed Assembly of Local Governments (Herein after, Assembly) The 2005 Budget,
the officers, policies, procedures and assessments to members adopted under the
August 15, 2003 MOA will remain in effect until the formal establishment of the ARC
under the proposed attached Bylaws. The Officers elected for the 2005 calendar year
under the August 15, 2003, MOA shall notice all eligible members of an organizational
meeting that shall occur no later than March 1, 2005. At this first meeting, the
signatories to the August 15, 2003, MOA will determine if there is sufficient interest in
forming a permanent organization under the Watershed Alliance legislation. If the
representatives of the signatories to the August 15, 2003 MOA present at the meeting
determine that there is sufficient interest in forming a Watershed Alliance, they shall
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affirm or modify the following Bylaws, and affirm or modify the 2005 Assembly officers
elected, the Assembly budget and the assessment to Assembly members previously
approved under the provisions of the August 15, 2003 MOA in order to initiate the
formation of the ARC
Establishing Alliance of Rouge Communities (ARC)
The formal ARC shall be established following the adoption of the attached Bylaws by
the governing bodies of at least twenty (20) of the eligible cities, villages, townships or
counties. A certified resolution of the governing body of the prospective member
approving membership under the Bylaws, or the payment of the 2005 assessment will
be used to establish those communities with voting privileges for actions taken by the
ARC prior to September 30, 2005. After September 30, 2005, a certified resolution
accepting membership by the appropriate governing body, designation of voting and
alternate members, and payment of any assessment shall be required for continuing
membership and the exercise of voting privileges. Once the ARC is established, the
Rouge River Assembly of Local Governments (Assembly) established under the August
15, 2003, MOA shall be dissolved, and all its responsibilities including its oversight in
the expenditure of assessments provided by Assembly members shall be transferred to
the ARC.
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BYLAWS
ALLIANCE OF ROUGE COMMUNITIES
Adopted pursuant to
Part 312, Watershed Alliances,
Michigan Natural Resources And Environmental Protection Act
As amended by Public Act 517 of 2004
I. PURPOSE
It is the purpose of these Bylaws to set forth the composition, duties, and responsibilities
of the watershed Alliance of Rouge Communities (hereinafter the ARC) formed under
the provisions of Part 312 Watershed Alliances, Natural Resources and Environmental
Protection Act as amended by Public Act 517, 2004. Local public agencies and
communities within the Rouge River watershed believe there are substantial benefits
that can be derived under this Watershed Alliance through cooperative management of
the Rouge River and in providing mutual assistance in meeting state water discharge
permit requirements to the Rouge River. The Appendices attached and referred to in
these Bylaws are provided for informational purposes only and are not a part of the
Bylaws. The Appendices will be periodically updated to reflect the actual boundaries of
the ARC based upon number of eligible public entities who formally accept membership,
as well as the annual budget, allocation of assessments, and voting shares in
subsequent years.
II. Description, Structure, Decision Making and Operations of ARC
A. Geographic Boundaries
The proposed geographic boundary encompasses the land area within the
Rouge River watershed located in portions of Wayne, Oakland and Washtenaw
counties in southeastern Michigan shown in the informational map attached as
Appendix A to these Bylaws. Under state law the boundaries of the ARC are
limited to the jurisdictional boundaries of its members. Appendix A will be
updated periodically to show the jurisdictional boundaries of those cities,
townships, and villages that have adopted the Bylaws and formally accepted
membership. In the event that some eligible Rouge River watershed
communities (cities, townships, or villages) do not become members, county
members may: 1) include all of their county political boundary within the Rouge
River watershed where they intend to exercise their independent water
management responsibilities; or 2) include only that portion of the county within
the Rouge River watershed where communities have accepted membership in
the ARC.
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B. Membership of the ARC
1. Membership
a. Primary Members
The Primary Members of the ARC shall consist of a representative, or
designated alternate of each township, city, village and county (or county
agency) whose legal jurisdiction incorporates areas wholly or partially
within geographic boundaries identified in Appendix A and whose
governing body by resolution, voluntarily adopts these Bylaws. The
eligible Primary Members are listed in Appendix B.
b. Associate Members
The Associate Members of the ARC shall consist of a representative, or
designated alternate of a public school district, public college or university,
or any other local or regional public agency that has been issued a state
permit for a water discharge into the Rouge River and whose governing
body by resolution, voluntarily adopts these Bylaws.
2. Cooperating Partners
The ARC encourages the involvement of non-profit organizations, other public
agencies or entities, businesses, and residents who share a common interest
in protection and restoration of the Rouge River. Those who provide their
time, services, expertise or other resources toward the common goal of
protection and restoration of the river will be recognized as non-voting,
Cooperating Partners.
C. Structure of the ARC
1. Election of Officers
The ARC shall elect for a two-year term, from among its members, a Chair, Vice-
Chair and Treasurer. The three ARC officers shall be limited to an elected or
appointed official, or employee of a Primary Member of the ARC as defined in
these Bylaws. Officers shall be elected to two year terms at a regularly
scheduled ARC meeting through a formal action as described under paragraph
IID of these Bylaws. The Chair, Vice Chair and Treasurer of the Assembly shall
serve until replaced by a majority vote of the members. The elected Vice Chair,
or the elected Treasurer in the event the Vice Chair is unavailable, shall assume
the duties of the Chair if the Chair is unavailable.
2. Executive Committee
The ARC Executive Committee shall have 14 voting members consisting of
• (3) The elected Chair, Vice-Chair, Treasurer of the ARC,
• (3) One representative or alternate from each member county,
• (7) One representative or alternate from each of the seven Subwatershed
Advisory Groups, herein after SWAGS, established under the state
watershed-based general storm water permit as implemented by
communities within the Rouge River watershed, and
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• (1) The immediate past Chair, past Vice Chair, or past Treasurer of the ARC
shall serve as a member or alternate member with preference given first to
the past Chair, then the past Vice Chair, and then the past Treasurer.
The meetings of the Executive Committee shall be chaired by one of the three
elected officers. The elected Chair of the ARC shall chair the Executive
Committee, with the responsibility succeeding to the elected Vice Chair if the
elected Chair is unavailable. If neither the elected Chair nor the elected Vice
Chair is present at an Executive Committee meeting, the elected Treasurer shall
serve as chair for the meeting. The elected officers of the ARC shall not have
alternates serve or vote on their behalf on the Executive Committee.
The three counties and the seven SWAGs shall appoint their respective
representatives and alternates to the Executive Committee. Representatives and
alternates serving on the Executive Committee, including those appointed by a
SWAG, shall be limited to those individuals representing a member public
agency that HAS adopted these Bylaws and has paid its membership
assessment. In an effort to assure the broadest participation by ARC members,
a SWAG appointment to the Executive Committee shall be neither a county
representative nor a representative from the same city, township or village as
those represented by ANY CURRENT OR PAST ARC OFFICER SERVING ON
THE EXECUTIVE COMMITTEE. Every reasonable effort will be made to assure
that no one community has more that one representative on the Executive
Committee.
The Executive Committee will seek consensus on all issues brought before it. In
the absence of consensus, the Executive Committee will adopt motions only
when a majority of its members (8) vote in favor of a motion. Each member will
have one vote including the elected officers of the ARC. A county or SWAG may
designate an alternate to serve and vote on behalf of their appointed
representative to the Executive Committee.
3. Meetings
The ARC shall meet at least twice each calendar year at a designated time and
location established by its Executive Committee. Agendas for ARC meetings will
be distributed and circulated to all members at least two weeks in advance of all
meetings. All official actions of the ARC including the election of officers,
adoption of budgets, assessment of costs to members, and all other matters not
otherwise specifically delegated to the elected officers, committees or executive
director shall be by the full ARC at a regular meeting consistent with the voting
procedures in paragraph II D of these Bylaws. The ARC Executive Committee
will meet at least four times each year at the call of the Chair. All meetings of the
ARC Executive Committee, standing committees or special committees
established under the ARC shall operate under the Robert's Rules of Order
unless modified by a majority vote of the ARC members. The meetings of the
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ARC shall be rotated to locations throughout the Rouge River watershed allowing
any member community or agency to host a meeting.
D. ARC Decision Making
The ARC shall take all formal actions, by a simple majority vote of all eligible
Primary and Associate Members at a meeting at which a quorum is present. A
quorum shall consist of one more than fifty percent (50%) of all members, eligible
to vote and present. Voting shall be limited to members or their designated
alternates who are physically present at an ARC meeting. Eligible members are
those appointed by an appropriate governing authority that has adopted these
Bylaws by resolution and that has paid its assessment. Provided, however, any
eligible Primary Member may request that formal actions on a specific action item
be subject to a voting of shares, and, if supported by at least four other Primary
Members, the formal decision of the ARC will be based on voting shares. The
elected officers may not vote on any issue before the ARC unless they are also
serving as the designated ARC representative of their respective public agency.
If a voting of shares is requested and supported by a total of five members,
adoption of formal actions shall require a simple majority of the voting shares of a
quorum based upon the following allocation:
1. Primary Members
The voting shares for city, township and village members shall be based upon
the financial contribution of each based upon the approved ARC annual
budget and assessment of costs to members. The specific voting shares will
be proportional to the annual assessments to each city, township and village
as determined under paragraph III A of these Bylaws with one voting share
based upon the annual assessment for each divided by $750 rounded to the
nearest whole number. If an assessment is less than $750, one voting share
shall be provided.
The voting shares of each the three counties and county agencies combined
shall be limited to twelve percent (12%) of total voting shares and the
allocation of voting shares between the three counties shall be determined by
the proportional amount of land in each county within the Rouge River
watershed. For the purposes of these Bylaws, counties are defined as the
appointed/elected Road Commission, the elected County Drain
Commissioner, the elected County Executive, or the elected County
Commission. Provided, however, only one member or designated alternative
shall represent each county.
2. Associate Members
The specific voting shares will be proportional to the annual assessments to
each with one voting share based upon the annual assessment for each
divided by $750 rounded to the nearest whole number. If an assessment is
less than $750, one voting share shall be provided.
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3. Cooperating Partners
Cooperating Partners shall not have voting privileges, but shall be invited to
participate in meetings of standing committees and noticed of all meetings of
the ARC and its Executive Committee.
E. ARC Duties
1. Budget and Assessments
After the first year, the ARC shall adopt an annual, fiscal year budget
for the period from January 1 through December 31 on or before
December 15, of each year for the following calendar year. In the first
year, the 2005 fiscal year budget of the ARC is attached as Appendix
C along with the assessment to members as Appendix B to these
Bylaws. Assessments for members will be set at the time each budget
is adopted. Modifications to the budget may be adopted at any
regularly scheduled ARC meeting, provided however, that
assessments, once established for any member, shall not be increased
during the calendar year for which they were established. Not
withstanding this provision restricting mid-year changes in
assessments, members may voluntarily agree to increase their
payments for special services provided by the ARC.
2. Standing Committees
The ARC shall establish and outline a purpose for three standing
committees on technical issues (Technical Committee), financial
management (Finance Committee), and public involvement and
education (PIE Committee). The Treasurer shall chair the Finance
Committee, and the officers shall appoint the chairs of the Technical
and PIE committees from members of the Executive Committee. The
standing committee chairs may appoint vice chairs of their respective
committees provided such vice chairs represent members. Any
member, designated alternate or other representative of a member
may serve on any standing committee. Cooperating partners, or other
members of the public may be invited to participate in a standing
committee, but all official actions of a standing committee shall be
limited to participation by those on the committee representing ARC
members.
3. From time to time, the ARC may choose to establish special
committees to consider specific issues or questions. The Chair or Co-
Chairs of any special committee established shall be appointed by the
ARC, or, by delegation of the ARC, by the Chair. . The special
committee Chair(s) and Co-Chair(s) appointed shall represent
members of the ARC.
4. Bylaws/Membership Committee
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The ARC shall establish a committee (Bylaws/Membership Committee)
to consider changes to its Bylaws and new members, and to make
recommendations to the ARC. The ARC shall appoint members and
the Chair or Co-chairs of the Bylaws/Membership Committee that
reflect the broad diversity of the ARC membership with respect to
geographic location, land area and population within the watershed,
and type of public agency.
5. Other Duties
The ARC shall
• Maintain official written record of meetings that includes
attendance, issues discussed, and official actions taken.
• Recommend to members any subsequent changes needed to
these Bylaws.
• Take other actions required, including delegation of
responsibilities to the elected Chair or Executive Committee to
carry out the purposes and conduct the business of the ARC
including, but not limited to, directing the activities of any
committees established under the Bylaws.
• Encourage and promote public involvement in actions and
activities of the ARC and of committees established by the
ARC, and assure compliance with Open Meetings and
Freedom of Information state statutory requirements.
• Develop policies and procedures related to official actions of
the ARC, including but not limited to contracting for services,
disbursement of funds, and related fiduciary responsibilities.
• Prepare an annual report on the goals and accomplishments of
the ARC together with a comprehensive audit report on the
expenditures and revenues.
F. ARC Executive Committee
The Executive Committee shall
• With the advice of the standing committees, provide oversight
of the expenditure of ARC monies consistent with the approved
annual budget by reviewing quarterly financial status reports
prepared by the Finance Committee
• Take those steps required to acquire the services an ARC
Executive Director, make provisions for other ARC support
services consistent with the annual budget and the Bylaws.
Provide fiduciary services for the ARC including preparation of
financial reports required by state law.
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• Provide a forum for discussion and, if appropriate, make
recommendations to resolve issues related to the management
of the ARC brought to its attention by any member of the ARC.
• Assist the standing committees, the Organization/Membership
Committee and any other special committees of the ARC in
meeting their respective responsibilities
• Maintain a written record of each Executive Committee meeting
including, as a minimum, attendance, list of issues, and a
record of decisions and recommendations
• Take other actions that are consistent with the provisions of
these Bylaws and direction provided by the ARC
III ASSESSMENT OF COSTS TO MEMBERS
A. Primary Members
1. City, Village and Township Members
The assessments to cities, villages and townships will be determined by
subtracting the amount of dollar contributions from the approved budget to be
provided by counties, Associate Members, and from grants, money gifts, and
other income including any balances from prior year ARC budgets. The
amount remaining after subtracting these other sources of revenue will be
prorated and assessed to each city, village and township primary members
based upon equal weight to the population of the unit of government within
the watershed according to the most recent United States census, and the
land area within the watershed as shown as a part of Appendix B. Provided,
however, that maximum assessment to any member shall be limited to no
more than 15% of the total assessments for all other Primary Members in any
fiscal year.
2. County Members
Based upon the in-kind contributions currently provided by Wayne,
Washtenaw, and Oakland counties, the three counties will not be
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assessed to support the budget of the ARC for fiscal years 2006 and
2007. By August 15, 2007, the ARC will determine whether or not
assessments will be made to the counties taking into consideration the
level of contribution of in-kind services for ARC related activities each
county will provide during 2008 ARC fiscal year. Assessments to
counties, if any, for each ARC fiscal year after 2008 will be determined by
August 15 of year preceding the fiscal year for which any such county
assessment is included in the ARC annual budget using the same criteria.
In the event the ARC determines to assess the Counties for contributions
to its budget, and the funding is not appropriated by the County Board of
Commissioners, the County shall become a Cooperating Partner as
provided in Article ll D. 3.
b.) The maximum assessment total in any year to all member counties shall
not exceed 12% of the combined total assessment for the fiscal same year
for all other Primary Members. The 12% assessment limitation will be
determined based upon the total amount assessed other primary
members in the adopted annual ARC budget for a given fiscal year and
not the subsequent actual assessments paid. In the event that the total
assessments to counties determined on or before August of any given
year for the following fiscal year exceeds 12% of the total for all other
primary members subsequently approved in the ARC budget for the same
fiscal year, the total amount assessed to the counties will be reduced such
that the total does not exceed 12% of that assessed all other primary
members.
B. Associate Members
The ARC shall assess Associate Members at the time they become a member
based upon a dollar amount approved by the ARC and agreed upon by the
Associate Member. The assessment shall reflect the ARC membership benefits
provided each Associate Member, and any other contributions made by the
Associate Member to the ARC. The annual assessment to an Associate
Member, however, shall not be less than the lowest amount assessed
any Primary Member or $750 whichever is greater, nor more than $30,000 or the
highest amount assessed any Primary Member whichever is greater
C. Adjustment of Assessments
Once adopted as part of a given fiscal year budget, the annual assessments to
primary members shall not be lowered based upon the addition of new members
or any other additions to income not considered as part of the approved annual
budget for that year. Primary Members joining after the adoption of the fiscal
year budget shall be assessed as if they were members for the entire fiscal year
using the same formula as was applied to other primary members.
IV. RESOLUTION
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The eligible members adopting these Bylaws shall do so by the passage of a formal
resolution an example of which is attached as Appendix E, and exercise of existing
authority that includes the ability to commit to the annual payment of assessments for
support of ARC as identified in the annual ARC budget. Once a resolution is passed
and a certified copy forwarded to the ARC, the public entity will remain a member so
long as its assessments are paid in a timely manner. A member may terminate its
membership at any time; provided, however, there shall be no refund of any
assessment already paid to the ARC. Services provided through the ARC and any
grant funding it receives shall be, to the extent practical, limited to primary and
Associate Members that have adopted the Bylaws and met their respective assessed
financial obligations established consistent with the Bylaws
V. FIDUCIARY SERVICES
A. Interim Fiduciary Agreement
The Wayne County Department of Environment (hereinafter WCDOE) has agreed to
provide fiduciary services for the collection and expenditure of member assessments
paid for fiscal year 2005. Under the Fiduciary Agreement with Wayne County, the
member assessments paid shall be used only for the services identified in the 2005
Budget attached as Appendix C. It is further understood under the terms of the
Fiduciary Agreement with WCDOE that the assessments paid by members may be
used to provide the required local match for grant dollars used to support the 2005
budget.
B. Expenditure Controls and Auditing
WCDOE has agreed to provide the Executive Committee full and complete access
to records concerning the use of the funds collected from the members so that all
expenditures of monies collected through assessments to members can be audited
through a process determined to be appropriate by the Finance Committee.
WCDOE has further agreed to provide a financial accounting of all funds collected
and expended to the Finance Committee by April 1, 2006. The Finance Committee
will provide oversight of all expenditures of member assessments and report the
status of income and expenditures at each meeting of the Executive Committee. It is
understood that the existing provider arrangements for some of the services
identified the 2005 budget may be most efficiently and cost effectively managed in
the transition period through the existing Rouge Project contracts administered by
WCDOE, or by Wayne County staff currently assigned these responsibilities.
C. Long Term Fiduciary Services
Before December 1, 2005, the ARC will determine how fiduciary responsibilities will
be managed beginning on January 1, 2006. It is envisioned that the ARC shall
provide its own fiduciary services in the future either through its own staff or through
contracted services.
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VI Dissolution of the ARC
In the event that its members dissolve the ARC, any unused balances of membership
assessments at the time of dissolution not needed to meet ARC obligations shall be
redistributed back to the ARC members prorated on the basis of the total ARC
assessment paid by each member during the immediately preceding fiscal year.
Similarly, uncommitted balances from other sources of revenue (e.g. grants, gifts,
contributions, etc) remaining at the time of dissolution of the ARC shall be returned to
the original provider or, if directed by the provider, transferred to a 501c3 organization or
public agency that is willing and able to expend the funds for the originally intended
purposes.
VII Amendments to Bylaws
Any amendments proposed to these Bylaws shall be first reviewed by the
Bylaws/Membership Committee who shall, after consideration of proposed
amendments, make recommendations to the ARC. The ARC shall not take an action to
formally recommend any changes to the Bylaws except at its annual meeting at which
the budget for the next fiscal year is presented for approval. To be formally
recommended any amendment(s) to the Bylaws shall be: 1) formally noticed to all
members at least 30 days prior to the ARC meeting at which they are to be voted upon;
and, 2) approved by at least two thirds of all members (or two thirds of all member
shares if a voting of shares is requested). Any amendments formally recommended by
the ARC shall be sent to all members along with their annual ARC assessment for
review and approval by the member's respective governing bodies as the basis for
continuing membership. The members shall have five (5) months following the date of
the ARC action formally recommending Bylaw amendment(s) to approve the
amendment(s). The amended Bylaws shall become effective when at least half of the
governing bodies of members approve the amended Bylaws within the specified time
limitation.
INFORMATIONAL APPENDICES TO THE BYLAWS
Appendix A
Appendix B
Proposed Geographic Boundaries of the Rouge River Watershed including
the identification of the political boundaries of eligible primary members
Allocation of Costs and Voting Shares that includes: a list of eligible members
that are currently members of the Assembly; their respective land area and 2000-
census population within the Rouge River watershed, their proportional allocation
of costs of for support of the 2005 ARC budget based upon equal weight given to
land area and population within the watershed, and the voting shares of each.
Eligible members that did not participate in the 2003 MOA are listed separately
13
DRAFT April 20, 2005
since they have not yet agreed to membership and were not considered in
allocating the assessments and voting shares for 2005.
Appendix C
Appendix D
2005 ARC Budget that includes a list of storm water management services and
costs, and sources of funding for calendar year 2005.
Model Resolution adopting the Bylaws, accepting membership, and committing
to payment of 2005 assessment. [WILL BE PROVIDED WHEN THE FINAL
BYLAWS ARE READY FOR ADOPTION]
14
DRAFT April 20, 2005
ROUGE RIVER WATERSHED
ARC Eligible Primary Member Communities
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— Tributaries
1 .5 0 1 5 10 km * Community boundaries
=.=.... County boundaries
Igislmaplwrnflasizelawshedlawarccomm.emf 12/17/04 ARC Eligible Primary Member Communities
15
DRAFT April 20, 2005
APPENDIX C
2005 Fiscal Year ARC Budget
(January 1. 2005 through December 31. 20051
Recommended
Alliance 2005 Budget Items Source of Service
2005 Budget
Staff Support for Alliance and SWAGs
, 0C1Administration Services (9 months) $ 62,000 To be hired by ARC
_0C2Staff Support (3 months) $ 18,000 RPO*
0C3Subwatershed Advisory Group Facilitation $ 81,000 RPO*
Staff Support Total ,$ 161,000 ,
v
Public Involvement and Education
PIE1Public Education Committee Support $ 30,000 RPO*
PIE2Assembly Newsletter $ 5,000 RPO*
PIE3Coordination with SEMCOG $ 8,000 RPO or SEMCOG*
PIE4Assembly PIE Subgrant $ 72,690 Variable
Public Involvement and Education Total 115,690
Technical Support
TC1Baseline Sampling Program $ 314,000 RPO*
TC2Rouge Data Dissemination $ 19,000 RPO*
TC3Lab Services $ 12,000 Contracted Service*
TC5Continuous Monitoring $ 136,840 USGS*
Technical Support Total $ 481,840 ,..0
Total Budget Approved $ 758,530
* Firms or Agencies under contract with WCDOE
Required Change in Assessments Compared to 2004
Source of funds (assumed) for 2005 budget:
2005 Alliance Assessments (Based on 2004 Assembly Members) $ 297,503.00
Matching Rouge Project Federal Funds 297,503.00
Carryover Funds from 2004 Assembly Member Assessments 163,524.00
Total Budget $ 758,530.00
OcY0
16
I HERM APPROVE THE MEWING RESOUITION
Resolution #05103 May 26, 2005
Moved by Palmer supported by Douglas the resolution be adopted.
Moved by Nash supported by Coulter the resolution be amended to replace the wording in the NOW
THEREFORE BE IT RESOLVED paragraph to read as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby requests the Rouge River Watershed Local Management Assemble change the
proposed by-laws to reflect the following:
Discussion followed.
Vote on amendment:
AYES: Gershenson, Jamian, Melton, Middleton, Moss, Nash, Palmer, Suarez, Wilson,
Woodward, Zack, Bullard, Coulter, Crawford, Douglas. (15)
NAYS: KowaII, Long, Molnar, Patterson, Scott. (5)
A sufficient majority having voted, therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott,
Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted, therefore, the resolution, as amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 26, 2005 with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 26th day of May, 2005.
Ruth Ji.71-rrrson-, County Clerk